DOS Cable re: Guidance to Foreign Governments to Gain Access to Their Citizens Who are Detained at Guantanamo

This State Department cable provides talking points concerning informing foreign governments about the transfer of their citizens/nationals to Guantanamo after they were picked-up on the battle field of Afghanistan, and policy guidance for foreign governments to visit and access the detainees at Guantanamo that are their citizens. The cable instructs the Missions/Embassies to inform foreign governments that: the foreign government's access to these detainees is limited to intelligence and/or law enforcement purposes; The United States will video tape and sound record the interviews between representatives of your government and the detainee(s); The senior U.S. representative present may terminate an interview at any time; The U.S. Department of Defense must be provided a copy of your government's final report on the visit; and Your Government will be required to reimburse the Department of Defense for all costs associated with the visit incurred by the US Government, including the costs of transportation, lodging, and meals.

Doc_type: 
Cable
Doc_date: 
Tuesday, June 18, 2002
Doc_rel_date: 
Wednesday, December 29, 2004
Doc_text: 

UNCLASSIFIED
Current Class: SECRET Page: 1
Current Handling: NODIS
Document Number: 2002STATE118335 Channel: nial!‘"

SECRET/PT05772

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ORIGIN NODS-00

PAGE 01CSTATECRELEASED IN PART

B2, Bl, 1.4(D), B6, B7(C)
INFO LOG-00CCCOE-00 SAS-00/

/000R

118335
SOURCE: DISKETTE.021669
DRAFTED BY: S/WCI:BBLASCHKE:BB -- 06/18/02 (202) 647-6751
APPROVED BY: S/WCI:BBLASCHKE

SA/PAB:SMCGANN L/NESA: JADOLAN NEA/ARP:MCORBIN
PM:SPETERS DOD/OSD:MVACCARO DOJ:MINCONTRO EUR:DCAGAN
NEA/ARN:RERDMAN NEA/ENA:CHENZEL AF/E:DRAAD
S/ES-O:MCHRIST

BF2405 182243Z /38
O 182241Z JUN 02 ZFF6 •
FM SECSTATE WASHDC

B1

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S E C R E T STATE 118335

DECAPTIONED
NODIS
MILITARY ADDEES HANDLE AS SPECAT EXCLUSIVE

E.O. 12958: DECL: 06/13/12
TAGS: PTER, PREL, KAWC,

SUBJECT: JUNE 13 TRANSFER OF DETAINEES TO GUANTANAMO
REF: A) STATE B) STATE 20095

6135/
CLASSIFIED BY S/WCI - PIERRE PROSPER, FOR REASONS 1.5 (B)

Current Class: SECRET Page: 1

UNITED STATES DEPARTMENT OF STATE REVIEW AUTHORITY: SHARON E AHMAD

UNCLASSIFIED0DOS-002080
DATE/CASE ID: 04 NOV 2004 200303827
Current Class: SECRET Current Handling: NODIS Document Number: 2002STATE118335 UNCLASSIFIED Page: 2 Channel: n/a
AND (D).
1. (U) THIS IS AN ACTION MESSAGE.
B2

3. (C) ADDRESSEE POSTS (NOT/NOT INCLUDING HAVANA) ARE
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118335 182242Z
REQUESTED TO INFORM HOST GOVERNMENTS AT THE EARLIEST
OPPORTUNITY OF INFORMATION RELATED TO THE TRANSFER OF

PAGE 03CSTATEC

C

THEIR NATIONAL(S) 1CITO U.S FACILITIES IN GUANTANAMO BAY. PERSONAL INFORMATION ON DETAINEES IN PARAGRAPH 6 MAY BE SHARED WITH HOST GOVERNMENT. WE WILL PROVIDE FURTHER IDENTIFYING DETAILS ON DETAINEES THAT COULD BE SHARED WITH HOST GOVERNMENTS AS IT BECOMES AVAILABLE., PLEASE DO NOT SHARE DETAILS ON NATIONALS FROM THIRD COUNTRIES WITH HOST GOVERNMENT. POST, AND HOST GOVERNMENT SHOULD BE AWARE THAT MUCH OF THIS INFORMATION IS SELF-REPORTED BY THE DETAINEE. IT MAY BE INACCURATE AND EVEN INTENDED TO DECEIVE. PLEASE USE TALKING POINTS IN PARAGRAPH 4. Bl
4. (U) TALKING POINTS
-- AT MID-AFTERNOON LOCAL TIME JUNE 13, A U.S. MILITARY AIRCRAFT ARRIVED AT THE U.S. NAVAL BASE, GUANTANAMO BAY, CUBA CARRYING A NUMBER OF INDIVIDUALS DETAINED IN CONNECTION WITH MILITARY OPERATIONS IN AFGHANISTAN. THESE INCLUDED (A) NATIONAL(S) OF YOUR COUNTRY. THE USG DOES NOT INTEND TO MAKE NAMES OF THE INDIVIDUALS BEING DETAINED AT GUANTANAMO BAY PUBLIC AT THIS TIME.
-- THESE INDIVIDUALS WERE CAPTURED IN AFGHANISTAN AS ENEMY COMBATANTS IN CONNECTION WITH THE ONGOING ARMED CONFLICT. THEY POSE A THREAT TO THE UNITED STATES AND INTERNATIONAL PEACE AND SECURITY. THEY ARE BEING
Current Class: SECRETC Page: 2

UNCLASSIFIED0DOS-002081

UNCLASSIFIED Current Class: SECRET Current Handling: NODIS Document Number: 2002STATE118335 Page: 3 Channel: n/a
DETAINED IN ACCORDANCE WITH THE LAWS AND CUSTOMS OF WAR WHICH PERMIT U.S. MILITARY AUTHORITIES TO HOLD ENEMY COMBATANTS AT LEAST FOR THE DURATION OF HOSTILITIES, AS SECRET
PAGE 04CSTATEC118335 182242Z IS THE CASE FOR OTHER DETAINEES HELD IN CONNECTION WITH OUR MILITARY OPERATIONS. FOR OPERATIONAL AND SECURITY REASONS, WE HAVE TRANSPORTED THEM TO THE U.S. NAVAL STATION AT GUANTANAMO BAY.
-- ALL DETAINEES HAVE BEEN AND WILL CONTINUE TO BE TREATED HUMANELY AND CONSISTENT WITH THE PRINCIPLES OF

'

THE THIRD GENEVA CONVENTION. REPRESENTATIVES FROM THE

INTERNATIONAL COMMITTEE OF THE RED CROSS ARE PRESENT AT
GUANTANAMO AND WILL BE GIVEN THE OPPORTUNITY TO VISIT
WITH EACH DETAINEE PRIVATELY.

-- THE UNITED STATES IS EVALUATING THE POSSIBILITY OF
PROSECUTING THESE INDIVIDUALS IN A U.S. FORUM.

-- WE ARE ALSO EVALUATING THE POSSIBILITY OF RETURNING
CERTAIN INDIVIDUALS TO THEIR COUNTRY OF NATIONALITY FOR
FURTHER DETENTION AND LEGAL ACTION. BEFORE MAKING ANY
DECISIONS, HOWEVER, WE SEEK ADDITIONAL INFORMATION.

-- IF YOU HAVE INFORMATION CONCERNING THESE DETAINEES,
AND ESPECIALLY INFORMATION CONCERNING ANY CRIMINAL
CONDUCT (INCLUDING VIOLATIONS OF THE LAWS OF WAR) THAT
THEY ARE ALLEGED TO HAVE COMMITTED, WE WOULD APPRECIATE
RECEIVING THAT INFORMATION THROUGH THE LAW ENFORCEMENT
LIAISON AT OUR EMBASSY.

-- WE WOULD HOPE THAT YOU WOULD INVESTIGATE THE
ACTIVITIES OF YOUR NATIONALS, WHO HAVE AIDED AL-QAIDA
TERRORISTS OR COMMITTED OTHER CRIMES, AND TO THE GREATEST
EXTENT POSSIBLE, BE ABLE TO PROSECUTE THEM VIGOROUSLY FOR

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THEIR CRIMINAL CONDUCT.

-- DO YOU HAVE ANY INFORMATION FROM YOUR OWN SOURCES THAT
CONNECTS THESE PERSONS WITH AL-QAIDA OR THE TALIBAN?

-- ARE THERE ANY CHARGES PENDING AGAINST THESE PERSONS IN
YOUR COUNTRY? IF SO, WHAT ARE THOSE CHARGES?

-- WOULD THESE PERSONS BE SUBJECT TO PROSECUTION IN YOUR

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UNCLASSIFIED0DOS-002082

Current Class: SECRET UNCLASSIFIED Page: 4
Current Handling: NODIS
Document Number: 2002STATE118335 Channel: n/a
COUNTRY, AND IF SO, FOR WHAT CRIMES? FOR CRIMES
COMMITTED INSIDE YOUR COUNTRY? FOR CRIMES COMMITTED
OUTSIDE, INCLUDING FOR ACTS RELATED TO THE AFGHAN
CONFLICT OR TERRORIST ACTS?

-- WHAT TYPES OF PUNISHMENTS ARE AVAILABLE UNDER YOUR LAW
FOR OFFENSES THAT HAVE BEEN OR MIGHT BE BROUGHT AGAINST
THESE PERSONS IN YOUR COUNTRY?

5.
(U) REF B PROVIDES DETAILED GUIDANCE REGARDING REQUESTS
FOR ACCESS TO DETAINEES IN GUANTANAMO.

6.
(S/REL TO GOVERNMENTS AS SPECIFIED IN PARA 3)
DETAINEE DATA:

Bl, B6, B7(C)
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UNCLASSIFIED DOS-002083

UNCLASSIFIED Current Class.: SECRET Current Handling: NODIS Document Number: 2002STATE118335 Page: 5 Channel: n/a
Bl, B6, B7(C)

7. (C) BACKGROUND FOR POSTS
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(C) THE MOST PRESSING MATTER AT HAND IS ENSURING THAT THOSE WHO POSE OR MIGHT POSE A CONTINUING THREAT TO THE UNITED STATES REMAIN SECURELY DETAINED. CURRENTLY WE ARE HOLDING APPROXIMATELY)C 'AND CB1 AT GUANTANAMO BAY. AS PRESENTLY ENVISIONED, DETENTIONS AND PROSECUTIONS OF AL-QAIDA AND NOTABLE TALIBAN MEMBERS COULD BE UNDERTAKEN BY ANY NUMBER OF PARTIES, INCLUDING THE UNITED STATES, THE GOVERNMENTS OF NATIONALITIES OF THOSE DETAINED, COUNTRIES ATTACKED OR TARGETED FOR ATTACK BY PARTICULAR DETAINEES, AND/OR
WE WILL WANT TO MAINTAIN OUR FLEXIBILITY OF
ACTION IN ALL SCENARIOS.

(C)
IN COMING WEEKS WE WILL MAKE FURTHER TRANSFERS OF
DETAINED AL-QAIDA, SENIOR TALIBAN OFFICIALS AND OTHERS
WHO WE BELIEVE POSE A THREAT.

(C)
WE WILL MAKE DETERMINATIONS AT A LATER DATE
CONCERNING DETAINEES WHO MAY BE SUBJECT TO U.S.
PROSECUTION. WE WILL ALSO EXAMINE THE POSSIBILITY OF .
OTHER STATES UNDERTAKING PROSECUTIONS.

8.
(U) PLEASE SLUG RESPONSES FOR S/WCI, L,
DOD/OGC:DAVIDSON, DOD/OSD/SOLIC:HOLLIS, AND NSC
LEGAL:BELLINGER.

9.
(U) MINIMIZE CONSIDERED.
POWELL

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6529
Doc_type_num: 
68